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Harare High Court

Lizanne Chantal Muller N.O and Mari Haywood N.O v Cecil Madondo N.O (In his capacity as the Corporate Rescue Practitioner for MCA Venture Capital (Pvt) Ltd (Under Corporate Rescue) and Master of the High Court N.O and Stanbic Bank Limited and Central African Building Society

HH 38-24

Case Details

Court
Harare High Court
Date
25 January 2024
Citation
HH 38-24
Neutral Citation
[2024] ZWHH 38
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
Muchawa J
Full Bench
Muchawa J
Areas of Law
Corporate rescueInsolvency lawExchange control
Keywords
Corporate rescue practitionerLiquidatorsExchange control approvalRing-fencing
Tags
Corporate rescueLiquidationCross-border insolvency
legislation
Statutes Cited
  • Exchange Control Regulations, 1996
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether applicants should pay security for costs as peregrini","issue_type":"procedural","dispositive":"no","related_facts":"Applicants are South African liquidators, first respondent holds their funds"}
  • {"issue_text":"Whether the application is urgent given 15-day delay","issue_type":"procedural","dispositive":"no","related_facts":"Applicants learned of problem on 16 November, filed on 1 December"}
  • {"issue_text":"Whether interim relief can be granted where funds may not be available","issue_type":"mixed","dispositive":"no","related_facts":"Bank statements show minimal balances, first respondent claims funds applied"}
  • {"issue_text":"Whether paragraph 2 of interim relief is enforceable without account details","issue_type":"procedural","dispositive":"yes","related_facts":"Order sought to ring-fence funds but no account numbers specified"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicants, joint liquidators of a South African company Micro Carbon Alloys (Pty) Ltd, sought urgent relief to prevent the first respondent, corporate rescue practitioner of MCA Venture Capital (Pvt) Ltd, from utilizing funds owed to their company. The applicants sought to ring-fence US$610,319.47 pending determination of a separate application for the practitioner's removal.
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